The main legal point established is that the court is not required to conduct a mini trial while exercising power under Section 482 Cr.P.C. and that only a prima facie case needs to be established to frame charges.

JUDGMENT :

MITALI THAKURIA, J.

1. Heard Mr. P.D. Nair, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent and Mr. T. Tapak, learned counsel appearing for the private respondent.

2. This is an application under Sections 397 and 401 Cr.P.C. read with Section 482 Cr.P.C for quashing of impugned FIR dated 20.07.2020 in Itanagar Women P.S. Case No. 51/2020 under Sections 376/417 IPC, the impugned Charge-Sheet No. 78/2020 dated 18.11.2020 and the impugned order dated 28.02.2023 passed by the learned Sessions Judge, Yupia, in Sessions Case No. 22/2021 framing charges against the petitioner under Sections 376, 417 and 509 of the Indian penal Code.

3. It is stated that the petitioner is the employee of the State Bank of India and is currently working as a Relationship Manager of the bank in its main branch at Dibrugarh. During his posting in the Regional Office of State Bank of India at Itanagar, Arunachal Pradesh, the petitioner had developed a friendly relation with the respondent No. 2, who operates a business of foreign currency exchange at Itanagar. In the month of May, 2019, he got transfer to Bihpuria Branch at Lakhimpur and thereafter, he transferred to Dibrugarh on 27.06.2022. On 12.06.2020, the respondent No. 2 severely assaulted the petitioner with a broken glass bottle causing grievous injuries on his person and she also attempted to kill him. The petitioner accordingly lodged the FIR on 13.06.2020 in Bhipuria Police Station, Lakhimpur against the respondent No. 2 which is registered as Bhipuria P.S Case No. 232/2020, under Sections 326/307 IPC. The respondent No. 2 was accordingly arrested and forwarded in connection with the said Case on 14.06.2020 and after completion of the investigation, the case was also charge-sheeted against the respondent No. 2. After filing of the charge-sheet, the case is pending before the Court of the learned Additional District & Sessions Judge, (Fast Track Court), Lakhimpur. The respondent No. 2 was released on bail on 25.06.2020 and after releasing from the custody, in order to wreak vengeance on the petitioner, the respondent No. 2 had lodged the impugned FIR dated 20.07.2020 in Itanagar Police Station alleging inter alia that the petitioner proposed to marry her, though it was impossible as they belong to different communities, however, they entered into a romantic relationship and got sexually physical with each other. He had sexual relationship with her only to deceive her and he never had any intention to marry her. On the basis of the said FIR, one Case is registered under Itanagar Women Police Station, being Itanagar Women P.S. Case No. 51/2020 under Sections 376/417 IPC. On the basis of the said FIR, the present petitioner got arrested in connection with this Case and subsequently released on bail. The statement of the respondent No. 2 was also recorded under Section 164 Cr.P.C. After investigation, the case was charge-sheeted against the present petitioner and presently the Case is pending before the Court of learned Sessions Judge, Yupia.

4. On 20.04.2022, the petition was filed before the learned Trial Court objecting to framing of charges against the petitioner. However, hearing the arguments on charges, the learned Court below was pleased to frame charges against the present petitioner under Sections 376/417/509 IPC and the learned Sessions Judge also rejected the petition filed by the present petitioner.

5. On being aggrieved by and dissatisfied with the said impugned FIR as well as the charge-sheet and also against the framing of charges, the present petitioner has preferred the present petition seeking quashing of the impugned FIR, charge-sheet and also for setting aside of the order dated 28.02.2023.

6. It is further stated by the learned counsel for the petitioner that the accusation and imputation made in the impugned FIR and the Charge- Sheet do not disclose the commission of any offence by the present petitio